Africa-Press – Lesotho. THE director of Civil Aviation, Motsoaole Lesupi, has been suspended for insubordination, thepost heard this week. Transport Ministry’s principal secretary, Tšepang Koele, wrote the suspension letter accusing Lesupi of misconduct and violating the Public Service Act.
He was at the centre of a dispute when he in 2021 blocked foreign aviation companies from transporting diamonds abroad. He then issued a permit to transport the diamonds to a local airline, Mohahlaula Airlines.
Mohahlaula Airlines is suing the government for terminating the deal. When the new government led by Prime Minister Sam Matekane came into power last year it reversed Lesupi’s decision to give Mohahlaula the monopoly.
Lesupi argues that the Mining and Mineral Act 2005 and Civil Aviation Act 2008 were violated. Lesupi told thepost last night that when he received the letter of intention to suspend him last week, which claimed that he violated the Public Service Act “I responded by asking to be shown the law that I violated”.
“They did not answer me until today,” Lesupi said.
“Yesterday I received the suspension letter pending a disciplinary hearing,” he said.
“My opinion is that those diamonds should be transported by Basotho planes only.
They should get money too, so that their businesses can grow and enhance the nation’s economy,” he said. “The Basotho businessmen need support and protection at all costs.
In the suspension letter, Koele said after careful consideration of Lesupi’s response, a decision has been taken to suspend him with immediate effect.
The letter says Lesupi is suspended from all of his duties and responsibilities with full pay pending a disciplinary investigation into his alleged misconduct and violation of the Public Service Act. The Act says a public officer shall perform all duties and exercise all powers that have been assigned by proper authority to his or her office.
“Such powers have to be appropriate at the material time to the grade, designation or declassification of that office, diligently and impartially and to the best of his or her ability,” the Act reads.
“A public officer shall not by any act or omission wilfully fail to comply with, or wilfully disregard any provision of law or any lawful instruction given by any proper authority,” it reads.
Koele’s letter advises Lesupi that he is still expected to observe and maintain discipline and appropriate conduct befitting of a public officer. “You are not allowed to come to work premises unless required by your employer to attend investigation meetings or hearings as and when necessary,” Koele said.
Mohahlaula Airlines’ argument in court papers is that there is no law that would open up the business of transporting diamonds to foreign companies. The Mining and Minerals Act 2005 and Civil Aviation Act 2008, Mohlahlaula has reasoned, specifically gives the business to a Lesotho registered company.
Mohahlaula is the only Lesotho aviation company. The Basotho National Party (BNP) leader, Machesetsa Mofomobe, who has criticised the government for opening the doors to foreign companies, has come guns blazing against Lesupi’s suspension.
Mofomobe said the mining sector “is captured by the companies under the current prime minister”. “Now the Boers have the audacity to instruct the prime minister to fire the Director of Civil Aviation,” Mofomobe said on his Facebook wall.
Mofomobe said the director was the one protecting the law at the department. “Instead of protecting him, they fire him,” he said. He said Lesupi was against diamond looting by the mines.
Mofomobe argued that the country has been captured because the regulations will soon be amended to suit the Boers, referring to South African aviation companies.
Earlier last month Mohahlaula Airlines’ Managing Director, Phafane Nkotsi, told a press conference that meetings were held over a period of 18 months with mines and other stakeholders.
“Shocking comments by both the Commissioner of Mines and one diamond mining company were made,” Nkotsi said.
“In one of those meetings Commissioner of Mines said we are dealing with giants, they’ll not agree on compliance,” he said.
Despite proactive efforts, he said, the diamond mines consistently ignored Mohahlaula’s approach, resulting in a series of unfruitful meetings. He said it took three years for Mohahlaula Airlines to have a formal sit-down with the diamond mines.
Nkotsi said after the discussions failed to yield a positive result, Mohahlaula Airlines requested that the government assist by using provisions in the Mining and Mineral Act 2005 and Civil Aviation Act 2008 to compel the mines to use Mohahlaula Airlines’ services.
He said following extensive consultations with the different stakeholders in 2021, Lesupi then stopped issuing temporary permits to foreign operators.
He said the new government came into power last year and diamond mines alleged that Lesupi had unilaterally stopped issuing the permits. He said now the mines have been able to secure temporary permits through fraudulent means. He is claiming M10 million from the government for loss of business.
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